Workers' Compensation Law Commons^™

Workmen's Compensation And Employer Suability: The Dual-Capacity Doctrine., Mary Quella Kelly

St. Mary's Law Journal

Most current workmen’s compensation schemes allow an employee to sue a third party who negligently caused their injury while still receiving workmen’s compensation benefits. It is logical, then, that when an employee is injured due to the employer’s negligence arising from a second capacity that creates obligations independent from those of an employer, the right to bring a common law action should not be denied. For instance, a doctor still owes his patients the duty of providing good medical care, regardless of whether that patient is an employee. However, the majority of courts continue to reject this “dual capacity” doctrine …

Unlawful In Texas To Waive Right To File A Claim In Return For Compensation., Preston L. Dodson

St. Mary's Law Journal

Abstract Forthcoming.

The Suicide Defense In Workmen's Compensation, Arthur Larson

Buffalo Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Injunctions--Contempt Power--Citation Proper Against Nonparty Who Violates Court Order in School Desegregation Case

Whether an injunction or other order binds one not a party to the underlying suit or proceeding so that he may be held in contempt for violation is a question that always has troubled the courts. Some early cases purported to announce a sweeping and apparently absolute rule--that an injunction or other order does not bind nonparties. The principle underlying this rule is that due process forbids a court to adjudicate the legal rights and relationships of a person who has not had the opportunity to be …

Workmen's Compensation: The Aggressor Defense Resurrected, Gail Boreman Bird

Faculty Scholarship

No abstract provided.

Appellate Procedures In Workmen's Compensation Cases, James D. Kendis

Cleveland State Law Review

Workmen's compensation in the state of Ohio dates back to 1911 when the Ohio legislature enacted a voluntary Work- men's Compensation program. The legislation was soon tested in the courts and declared constitutional by the Ohio Supreme Court in the case of State ez rel. Yapel v. Creamer, the court finding that this type of "social" legislation was valid under the state police power. The legislature, in 1912, presented a constitutional amendment to the people of the State of Ohio for the purpose of establishing a formal Workmen's Compensation system which was adopted as Article II, Section 35.2 This section …

Basic Concepts & Objectives Of Workmen’S Compensation, Arthur Larson

Faculty Scholarship

No abstract provided.

The Suicide Defense In Workmen’S Compensation, Arthur Larson

Faculty Scholarship

No abstract provided.

Federal Common Law Remedies Under The Occupational Safety And Health Act Of 1970, Robert G. Mullendore

Washington Law Review

The purpose of this comment is to determine the extent to which section 5 is enforceable by private suit in federal court. Of particular concern is whether compensatory damages are available as a matter of federal law to persons injured as a result of violations of the section. The conclusion reached is that compensatory relief for violations of subsection 5(a) is available under federal common law when recovery is inadequate or unavailable under local law and the plaintiff's injuries exceed $10,000 in value. In this way, the 1970 Act provides a needed supplement to state workmen's compensation systems.

Workmen's Compensation—Washington's Recent Amendments: Universal Mandatory Coverage, Liberalized Benefits, And A Controversial Two-Way Plan—Ch. 289, Washington Laws Of 1971; Ch. 43, Washington Laws Of 1972, Anon

Washington Law Review

In the closing hours of the 1971 First Extraordinary Session, the Washington Legislature enacted legislation substantially amending Washington's Workmen's Compensation Act. The major provisions of the amendments provide for extension of mandatory coverage to virtually all workers, substantial increases in benefits in most areas of compensation, and an option allowing employers to self-insure under limited and highly restricted conditions. The Act was further amended by the 1972 legislature. The liberalization of coverage and benefits generally met with the approval of both industry and labor, but industry was disappointed with the failure of the legislature to adopt the "three-way plan" proposed …

Where An Employee Is Injured In A Case For Which Compensation Is Payable Under Circumstances Creating Liability In Some Party Other Than The Compensation Subscriber, The Employee Must Make An Election To Proceed Against The Third Party Or The Compensation Carrier Within Two Years From The Date Of The Accident., Myron E. East Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Conflicts Between Seamen’S Remedies And Workmen’S Compensation Acts, Arthur Larson

Faculty Scholarship

No abstract provided.

The Conflict Of Laws Problem Between The Longshoremen’S Act And State Workmen’S Compensation Acts, Arthur Larson

Faculty Scholarship

No abstract provided.

Workmen's Compensation: Toward A Stricter Liability For Enterprise, John A. Payne Jr.

University of Michigan Journal of Law Reform

This article considers the situation in which an employee injured by a defective product in the course of his employment can proceed both against his employer insured by a workmen's compensation program and against a manufacturer of the employer's equipment who is strictly liable under a claim of products liability. The focus is not on the manufacturer as employer but on the manufacturer as supplier of defective equipment which causes injury. This is the best situation for analyzing the problems arising from the present system for distributing losses because, where the negligence of the employer has been an independent cause …

Weber V. Aetna Casualty & Surety Co., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Workmen's Compensation At Sea, Charles D. Evens

Vanderbilt Journal of Transnational Law

At the present time there are three possible remedies available to seamen who are injured in the course of their employment. In order to maintain any of these actions, the injured party must of course qualify as a seaman. The traditional tests used to determine whether a maritime worker is a seaman are as follows: 1) the vessel must be in navigation, 2) the worker must have a more or less permanent connection with the vessel, and 3) the worker must be aboard the vessel primarily to aid in navigation. These standards have been somewhat modified by Offshore Company v. …

Mental And Nervous Injury In Workmen's Compensation, Arthur Larson

Vanderbilt Law Review

"[H]ow could it be real when. . .it was purely mental?" This poignant judicial cry out of the past, which I occasionally quote to put down my psychiatrist friends, contains the clue to almost all of the trouble that has attended the development of workmen's compensation law related to mental and nervous injuries. This equation of "mental" with "unreal," or imaginary, or phoney, is so ingrained that it has achieved a firm place in our idiomatic language. Who has not at some time, in dismissing a physical complaint of some suffering friend or relative, airily waved the complaint aside by …

Workmen's Compensation Employer's Independent Action Against Third Party, Arthur Larson

Washington and Lee Law Review

No abstract provided.

Workmen's Compensation--Retroactivity Of Pneumoconiosis Amendment, Kenneth Joseph Fordyce

West Virginia Law Review

No abstract provided.

Workmen's Compensation--The Deliberate Intent Statute: Providing For The Victims Of Industry, Larry Andrew Winter

West Virginia Law Review

No abstract provided.

Occupational Safety And Health: Environmental Justice For The Forgotten American, Joseph A. Page, Gary B. Sellers

Kentucky Law Journal

No abstract provided.

Positional Risk, Forces Of Nature, And Workmen's Compensation, Thomas Parker Hayes

Cleveland State Law Review

The Ohio courts, in their interpretation of the Workmen's Compensation Law, have attempted to establish clear-cut principles of compensability for the working man when his on-the-job injuries are caused by the forces of nature and acts of God. However, the attempts of the courts to establish rules of compensability fail to provide predictability and consistency. The principles proposed are inadequate to cover all the situations that may arise.

Range Of Compensable Consequences In Workmen’S Compensation, Arthur Larson

Faculty Scholarship

No abstract provided.

Mental And Nervous Injury In Workmen’S Compensation, Arthur Larson

Faculty Scholarship

No abstract provided.

Workmen’S Compensation Employer’S Independent Action Against Third Party, Arthur Larson

Faculty Scholarship

No abstract provided.

Kentucky's Answer To "The Coal Black Shame"--A Critical Analysis Of Kentucky Workmen's Compensation Coverage Of Black Lung Disease, Kenneth Williams

Kentucky Law Journal

No abstract provided.

The 'Operating Premises' Exception To The Going And Coming Rule, Richard D. Cooper

Kentucky Law Journal

No abstract provided.

Evolution Of The "Accident" Requirement In Workmen's Compensation Practice, James M. Graves

Kentucky Law Journal

No abstract provided.

Worldwide Workmen's Compensation Trends, Samuel B. Horovitz

Kentucky Law Journal

No abstract provided.

Federal Encroachment Into The Historically State Administered Workmen's Compensation Program, Roscoe Lowery

Kentucky Law Journal

No abstract provided.